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Posted by dpb on April 5, 2008, 5:47 pm
Please log in for more thread options Stuart Bronstein wrote:
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>> Don't see why you're hostage to the appraiser if you have valid
>> other data (how comparable the eBay listings are to what you have
>> would be at least one question as previously noted), but he has an
>> opinion; you have an opinion.
>
> OP doesn't, as I recall, explain where this appraiser came from. In
> California estates in probate are required to be appraised by someone
> known as a "probate referee." Many if not most of these referees are
> not appraisers, and really don't know what they're doing. If you want
> an appraisal for tax purposes, you should get a qualified appraiser.
Yeah, should have noted that I was referring only to experience in a
state in which they don't have such requirements -- it's only got to be
reasonable-enough that it passes the muster of the probate judge as not
being obviously falsified.
>> The executor should be able to decide whose data to use in
>> compiling the information for the estate return--don't see there's
>> any reason you would have to use the appraiser's figures alone.
>
> If push comes to shove the issue will be demonstrating sufficient
> evidence to support your value. If you have seen the same thing (in
> about the same condition) actually sell at eBay for a specific price, I
> suspect that might be sufficient. But if there were five and four sold
> at a much higher price, you could have a problem.
Yeah, it would require whatever level of proof required for the
jurisdiction -- an outlier would undoubtedly weaken the case.
It still seems unlikely to me there would be very many of something that
was of actual real value on sale on eBay, anyway...but, I guess that
isn't necessarily so--I've bought some moderately expensive heavy
equipment that way, but never even look at collectibles so that's out of
my knowledge base.
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